ABDUL MAJEED alias CHEETA vs State Ss — 2022 YLR 587 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 587 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: ABDUL MAJEED alias CHEETA vs State Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUL MAJEED alias CHEETA VS State Ss. 302(b), 394 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Benefit of doubt---Test identification parade---Scope---Accused was charged that he along with his co-accused tried to snatch motorbike from the complainant party, on resistance, accused party made firing upon them, due to which one person died and two persons sustained injuries---Allegedly, the accused was identified by the eye-witnesses during identification parade, which was conducted under the supervision of Judicial Magistrate---First Information Report showed that the culprits had not been nominated and were mentioned as unknown and no features of the culprits had been recorded in the FIR---Undeniably, complainant was not eye-witness of the alleged occurrence and the story was told to him by witnesses, even then police got identified the accused persons in the identification parade from complainant---When the accused and his co-accused had already been nominated through supplementary statement by giving their names, there was no occasion to hold test of identification parade---Identification parade, in circumstances, became highly doubtful and could not be relied upon as the same was not held in accordance with law---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal was allowed and accused was acquitted by setting aside the convictions and sentences recorded by the Trial Court.

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